JUSTICE MS DEEPA SHARMA, PRESIDING MEMBER 1. The brief facts relevant for the disposal of the present consumer complaint are that the complainant had booked a residential flat with the opposite party. Vide allotment letter dated 14.09.2007, the opposite party has allotted apartment bearing no. 2801, Level 28, Tower 03, Block – 03 in the project named Unitech Grand, Sector 96, 97 and 98 Noida (UP). The total consideration of the apartment was Rs.3,08,00,694/-. The complainant, has already paid in total a sum of Rs.1,85,19,556/- on various dates. As per the agreement the possession of the apartment was to be delivered by the end 2011. The complainant states that despite making the payments towards the said apartment, the opposite party has not yet completed the construction and handed over the possession of the said apartment to the complainant till date, hence, the complainant has filed the present consumer complaint with the prayer for refund of Rs.1,85,19,556/- along with interest @ 18% per annum from the date of each payment till realisation of the said amount; Rs. 44,480/- per month (based on Rs. 10/- per sq. ft. per month of super area, for the delay in delivery of possession as per clause 5a, from 01.12.2011 to 31.03.2018; award of Rs.20,00,000/- as compensation for financial losses suffered; Rs. 1,00,000/- as litigation expenses and Rs. 2,00,000/- as compensation for mental trauma. 2. The opposite party was duly served of the complaint and filed their written statement. They have not disputed the deposit of the amount of Rs.1,85,19,556/- with them and also not disputed that they could not hand over the possession of the apartment within the stipulated period. The learned counsel for the complainant submits that she does not wish to file the rejoinder and affidavit evidence. 3. I have heard the arguments of the learned counsel for the parties. During the course of the argument, learned counsel for the complainant states that she confines her argument only to the directions which has been issued by this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. vs M/s Unitech Limited (Habitat) decided on 17th April 2018 and prays for no other relief. 4. From the facts on record it is apparent that the opposite party has failed to hand over the possession of the flat within the stipulated period. In view of the earlier stand of this Commission in Consumer Case no. 1141 of 2017 – Indar Dhawan and Anr. (Supra), I allow the present consumer complaint with the following directions: The opposite party shall refund the entire amount of Rs.1,85,19,556/- to the complainant within six weeks from today along with simple interest @ 10% per annum from the date of payment of respective amount till the realisation of the amount. The opposite party shall pay a sum of Rs.10,000/- as cost of litigation to the complainant.
5. With these directions the present consumer complaint stands disposed of. |
